| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1051423978379
Date of advice: 19 September 2018
Ruling
Subject: Deceased Estate
Question
Will the Commissioner exercise the discretion in section 118-195 of the Income Tax Assessment Act 1997 and extend the main residence exemption for the property?
Answer
Yes.
Having considered your circumstances and the relevant factors, the Commissioner will allow the extension of time. Further information about this discretion can be found by searching 'QC 52250' on ato.gov.au.
This ruling applies for the following period:
Year ended 30 June 20xx
The scheme commences on:
1 July 20xx
Relevant facts and circumstances
The property was purchased by the deceased after 20 September 1985.
The property was the deceased main residence.
The deceased lived with his/her child in the months immediately prior to their passing due to ill health. The deceased intended to move back into the property.
While the deceased was living with his/her child the property was rented out. This arrangement continued whilst the estate was being executed.
The deceased died in mid 20XX.
The deceased was survived by several adult children.
The deceased had previous spouses.
Requests were made to several institutions and the deceased solicitor to confirm that the deceased did not have a will.
Newspaper advertisements and publication off the notice of administration on ta government on-line registry occurred to ensure that there were no additional beneficiaries.
The matter was then filed with the Supreme Court.
The Supreme Court requested additional information, including a statement on the circumstances of the deceased passing and Death Certificates for all former spouses.
Documentation from the Coroner’s Office regarding the cause of death, which was initially missing from the deceased death certificate, was gathered and provided to the Court.
A birth certificate of one of the deceased’s children needed to be requested from another country as parents were not listed on the copy initially provided to the Court.
A further affidavit was sent to the Supreme Court in mid 20XX.
The Letters of Administration were granted in mid 20XX to all the children of the deceased.
The Certificate of Title dated late 20XX, lists the children of the deceased as joint tenants.
Having been granted the Letters of Administration, the Executors selected a lawyer to complete the conveyancing for the property.
A real estate agent was engaged and the property went on sale in late 20XX.
Contracts of sale were exchanged on early 20XX with settlement occurring in early 20XX.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 118-195
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
